Presentation Transcript

1. Environmental Policy and Law

   Chapter 24
2. Role of Government Free Enterprise Government Regulate business enterprises that result in harm Without strangling innovation Without allowing env’tal degradation and social injustice Vs. Create change and innovations that lead to new technologies, products and opportunities for profit Raises standard of living Can have harmful impact on others and env’t
3. Role of Government Determined by its policies – set of laws and regulations it enacts and enforces and programs it funds Politics – process by which individuals and groups try to influence or control the policies and actions of governments Policy Life Cycle Recognition, formation, implementation, control  repeat Adjustments made often until they’re thrown out or succeed Control is the hardest stage
4. The Policy Life Cycle Fig. 24-2, p. 639
5. Social Change in Democracies Constitutional democracies designed to allow gradual change in order to ensure stability Special interest groups pressure the government  lobbying Government reacts to issues, not prevent them Environmental issues often not dealt with well Complex problems Many interrelated Require long-term solutions Elected terms are short-term
6. Certain Principles Can Guide Us in Making Environmental Policy The humility principle The reversibility principle The net energy principle The precautionary principle
7. Certain Principles Can Guide Us in Making Environmental Policy The preventive principle The polluter-pays principle The environmental justice principle How will these principles be implemented?
8. Environmental Policy in the US Lawmakers must first feel that the environmental issue should be addressed Lobbying – individuals/groups try to persuade legislators to vote or act in their favor Some lobbyists are very powerful In 2009, spent $3.49 billion to influence Congress - $6.5 million per member! Influence may overshadow input from citizens Bills reviewed by several committees in House and Senate After law is passed, Congress must appropriate funds Politics often plays a larger role than science in developing policy
9. Individuals, Corporations, Environmental Organizations, U.S. Government Interact Fig. 24-3, p. 642
10. Science and Politics Four principles of science Any scientific claim must be based on hard evidence and be subject to peer review Scientists can never establish absolute truth Scientists vigorously debate the validity of scientific research Science advances through open sharing and peer review of research methods, results, and conclusions
11. Science and Politics Politics Politicians are most concerned with getting reelected Disregard scientific evidence, or pick and choose facts to support a political position Personal attacks versus discussion of facts Spread of disinformation in media/online
12. Case Study: Managing Public Lands in the United States—Politics in Action 35% of the U.S., 3/4 in Alaska, 1/5 in West Federal public land U.S. Forest Service: National Forest System Bureau of Land Management U.S. Fish and Wildlife: National Wildlife Refuges National Park System National Wilderness Preservation System Different restrictions for each
13. Natural Capital: National Forest, National Parks, National Wildlife Refuges, U.S. Fig. 24-5, p. 645
14. Fossil Fuel Reserves in North America Figure 18, Supplement 8
15. Case Study: Managing Public Lands in the United States—Politics in Action Conservation biologists/environmental economists Used primarily for protecting biodiversity, wildlife habitats, and ecosystems No subsidies or tax breaks for extracting public resources Fair compensation for American people for use and resource extraction All users/extractors of public resources are fully responsible for environmental damages Great ideas… but… the government has given an average of $1 billion a year in subsidies and tax breaks to privately owned interests that use public lands for mining, fossil fuel extraction, logging, and grazing.
16. Case Study: Managing Public Lands in the United States—Politics in Action Developers/resource extractors Sell lands/resources at below-market value, or let state and local governments manage lands Slash funding for management of public lands Cut old-growth forests and replace them with tree farms Open all public lands to oil drilling, mining, off-road vehicles, and commercial development Build new privately-run concessions and theme parks in national parks Between 2002-2009, the government expanded the extraction of mineral, timber, and fossil fuel resources on US public lands and weakened environmental laws and regulations protecting them.
17. Types of Environmental Laws Set standards for pollution levels Clean Air Acts Screen new substances for safety and set standards Safe Drinking Water Act Encourage resource conservation Resource Conservation Act Set aside/protect certain species, resources, or ecosystems Endangered Species Act Require evaluation of environmental impact of an activity proposed by a federal agency National Environmental Policy Act (NEPA)
18. NEPA (1970) Cornerstone Environmental Law Requires Environmental Impact Statements (EIS) for any proposed federal action Ex: highway or dam construction Revolutionized environmental protection in US Requires an environmental impact statement (EIS) be Describes why the project is needed Identifies positive and negative environmental impacts Suggests ways to decrease harm Presents an evaluation of alternatives Published and open to public comment
19. Effects of Environmental Legislation(According to EPA’s Draft Report on the Environment 2003) Since 1970, 6 air pollutants have dropped by 25% Since 1990 wet sulfate levels decreased 20-30% In 2002 94% of US had healthy drinking water (up from 79% in 1993) As of 2002 846 of 1498 Superfund Sites are cleaned up Fewer streams violate water standards
20. Environmental Regulation Almost every environmental regulation is challenged in court by industry and/or environmental organization Terms Plaintiff –party bringing the charge Defendant – party being charged Civil suit – settle disputes between the two parties Plaintiff seeks to collect damages for injuries to health or for economic losses or for injunction – an order to stop doing the harmful action Class action suit Filed by group on behalf of a larger number of citizens
21. Negligence: Open Ditch Containing Acid Runoff from a Closed Coal Mine In West Virginia Fig. 24-9, p. 648
22. Environmental Regulation Limitations in Lawsuits Expensive Time Statute of limitations Court decisions can be slow Permission Hard for plaintiff to show their losses as a direct results of alleged env’tal harm Abuse of system Strategic lawsuits against public participation (SLAPPs)
23. Problems with Environmental Law Who opposes environmental laws? Corporate leaders and other powerful figures who see them as threats to their profits, wealth, and power Citizens who see them as threats to their private property and jobs State and local gov’t officials who have to implement federal laws and regulations with little to no federal funding or who disagree with the regulations Why the opposition? Environmental problems aren’t as easy to see as they have been in the past Smokestack vs. climate change Filthy river vs. polluted groundwater It’s hard to explain these problems to the public and get support for long-range solutions
24. Problems with Environmental Law Why the opposition? Focus has been on bad news about the environment Bearers of bad news are not well received Need a positive vision to gain followers 80% support environmental laws and regulations but most don’t consider the environment to be one of the nation’s most pressing problems (2-10% do) Don’t vote for or want to spend their money on environmental concerns
25. Influencing Environmental Policy Bottom-up Solutions Change comes from grassroots political movements Individuals join together to bring about change In the late 1960s, there was lots of pressure from citizens to address environmental degradation Led to an environmental revolution Both parties in Congress worked together with executive branch to pass and implement major environmental laws during the 70s (the Environmental Decade)
26. Influencing Environmental Policy Ways to influence policies Vote Contribute money to candidates Lobby, write, e-mail elected officials Educate and persuade Expose fraud, waste, and illegal activities Environmental leaders can make a big difference Lead by example Campaign and vote for informed and eco-friendly candidates Ex. Vote with your wallet Run for local office Propose and work for better solutions to environmental problems
27. Environmental Groups Nongovernmental Organizations (NGOs) Can be very small, grassroots groups, or huge, multi-million member organization Mainstream Environmental Groups Multi-million dollar organizations led by chief executive officers and a staff of experts Active primarily on the national level Work within political system (major forces in persuading Congress)
28. Environmental Groups Grassroots Citizens’ Groups Over 6000 exist in the US Mostly active at the local level Since the 70s, emerging worldwide global sustainability movement
29. Environmental Security Lots of focus on national security and economic security All economies supported by natural capital Transitioning to more sustainable societies will require that nations cooperate just as they do for national security purposes
30. We Can Develop Stronger International Environmental Policies Goals: Help expand understanding of environmental issues Gather and evaluate environmental data Develop and monitor international environmental treaties Provide grants and loans for sustainable development and reducing poverty Help nations develop environmental laws United Nations: most influential Family of global policy-making organizations UN Environmental Programme (UNEP) World Health Organization (WHO) UN Development Program (UNDP) Food and Drug Organization (FAO) Other influential groups World Bank – large source of funding for economic development (e.g., dams, irrigation infrastructure) European Union (EU) – 27 members; European Environment Agency World Trade Organization (WTO) – represents multinational corporations and promotes free trade
31. Global Environmental Policy 1972 UN Conference in Human Environment in Stockholm, Sweden Addressed environmental issues at the global level Created UNEP to help develop global environmental agenda 1992 Rio Earth Summit Over 178 nations and 100s of NGOs met Came up with Agenda 21, a global agenda for sustainable development in the 21st century Adopted by 178 governments (not the US) Established goals for addressing world’s social, economic, and environmental problems Met again in 1997 and found little improvement because 1992 agreements not binding Some international laws and conventions have had good results Montreal and Copenhagen Protocols for protecting the ozone layer
32. Trade-Offs Global Efforts to Solve Environmental Problems Good News Bad News Most international environmental treaties lack criteria for evaluating their effectiveness Over 500 international environmental treaties and agreements UN Environment Programme negotiates and monitors environmental treaties 1992 Rio Earth Summit led to nonbinding agreements, inadequate funding, and little improvement in major problems by 2010 1992 Rio Earth Summit adopted principles for handling global environmental problems 2002 Johannesburg Earth Summit failed to deal with climate change, biodiversity loss, and poverty 2002 Johannesburg Earth Summit tried to implement 1992 Rio summit policies and goals 2009 Copenhagen conference failed to deal with projected climate change Fig. 24-12, p. 656
33. Solutions International Environmental Treaties Problems Solutions Take long time to develop and require full consensus Stop requiring full consensus among participating parties Improve procedures and funding for monitoring and enforcement Lack of funding and poor monitoring and enforcement Not integrated with one another Integrate existing agreements Fig. 24-13, p. 657